Justice Jawwad S Khawaja deferred the hearing till June 24, observing that the new government might clarify its stance in the coming days. PHOTO: AFP
Former president Pervez Musharraf’s lawyer has requested the Supreme Court to find out what the newly-elected federal government’s views are on treason proceedings against his client.
“I would urge the court to ask the attorney general of Pakistan to get fresh instructions from the new government [in this regard] as the interim government had earlier declared that initiating the treason trial against Musharraf was beyond its mandate,” advocate Ahmed Raza Kasuri requested the three-judge bench during the proceedings on Thursday.
The bench headed by Justice Jawwad S Khawaja, however, deferred the hearing till June 24, observing that the new government might clarify its stance in the coming days. The bench also declared that it was determined to resolve this case.
Earlier advocate AK Dogar, representing one of the petitioners against Musharraf, concluded his arguments maintaining that the purpose of the petition was to create a deterrent against future military intervention in the democratic process.
“Let the law and Constitution take its course. It has been a settled principle of the SC through its consistent judgments that any unconstitutional or illegal actions cannot be called legal despite being validated by the courts,” argued Dogar.
He was responding to a question by Justice Ejaz Afzal Khan regarding what would be the cut-off date for initiating high treason trials since all such actions from March 23, 1956 to November 3, 2007, save for the 1999 coup and the 2007 emergency which were later invalidated, were validated by the superior judiciary and Parliament.
No direct evidence against Musharraf in detention case: prosecution
Meanwhile, the prosecution in the judges’ detention case has said it has found no direct evidence against former president Pervez Musharraf.
Prosecutor Amir Nadeem Tabish on Thursday informed the special divisional bench of the Islamabad High Court (IHC) that so far there is no direct evidence linking Musharraf to the detention of judges on November 3, 2007. He maintained that the prosecution had recorded the statements of 23 lawyers and gathered newspaper clippings pertaining to the 2007 state of emergency along with examining former prime minister Yousaf Raza Gilani’s speech where he ordered the release of the judges, but had found no direct evidence implicating the former president.
Tabish told the court that the prosecution had submitted an incomplete challan against Musharraf since it could not record the statements of the judges – and their families - who were the direct victims of the act. He said that the secretariat police had approached the Supreme Court registrar in this regard but did not receive a positive response.
During the course of the hearing, Musharraf’s counsel Ilyas Siddiqi also argued that the challan did not have the statements of the direct victims of the act. He maintained his client did not pass the emergency order, adding that the main complainant had already withdrawn his case. Siddiqi also argued that the terrorism charges inserted by Shaukat Aziz Siddiqui did not apply to his client.
The court has asked both sides to submit the complete record of the case and adjourned the hearing till June 11.
Meanwhile the anti-terrorism court, where the main case is pending, has fixed June 15 for indicting Musharraf in the case.
Published in The Express Tribune, June 7th, 2013.
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Musharraf is alone being victimized as there is no law in country and it is a matter of pick and choose who to punish and how much
The judges have no clue what they are doing . First the CJP (cheap justice of Pakistan) had provoked the people and judiciary by his remarks : "Does any anybody dare to prosecute Musharraf .He is is in Pakistan.Come forward we have a chance" What a shameful statement by the CJP . Then knowing that there is no truth to the allegations he separated himself from the proceeding .
Then came an overenthusiastic judge and chamcha of CJP if IHC (SAS) who added terrorist clause to FIR and then knowing it is wrong he withdrew himself from the case .
Then is the lawyer Ghumman who withdrew the FIR altogether
Despite all this ,now they have created special anti terrorist court in Islamabad only to to prosecute Musharraf . What a shame . The judiciary should know that now they will fail there too
Musharraf, so far Musharraf stands out as a very bright, noble democratic an law abiding person who has submitted to the law at his own and will come out as a brave hero after all these allegations fail to prove . I hope once he is released we should all celebrate and he should contest from the vacated seats and join with TI ( if Imran can make any sensible decision ) and form a tough opposition for Nawaz Sharif IA
Who can expect justice from this judiciary whose chief's own legitimacy is questionable. We have short memories but if we look at the track record of CJ it is evident that he himself is not legitimate and a true jury who ensures justice under all circumstances. Justice is no more important than loving son.
"Let the law and constitution takes its course.It has been a settled principle of the SC through its consistent judgements that any unconstitutional or illegal actions cannot be called legal despite being validated by the courts".argued Dogar.This statement of the petitioner counsel means,that it is not law but whims of the judges that decide a case.It means that there is no rule of law but 'rule of whimsical power of judges/ judiciary', expressed through judgements which can change any time with change of judges or also with the same judges.What a mockery of law?.Here,' law/justice is not blind',but have fully opened changeable eyes.
It is great to see that PML-N leaders who used to demand PPP govt to try Mush are themselves going to do it or not. NS was hoping that the caretakers would let Mush go away but now it is Sharif's headache. Let us see how he walks the walk and talks the talk.
Because there is no case against General Musharraf! It is unfortunate that he continues to be victimized and gets banned from elections while all the thieves, looters, abettors and perpetrators of all sorts of crimes in Pakistan get to participate in elections and continue the criminal status quo.
Best of luck to Musharraf! Truth and his patriotism will prevail over the machinations of all these two-faced hypocrites running around using the cover of "sanctity of constitution" and what not!
Hallelujah!